Patna High Court
Baleshwar PrasadversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn.
Summary
The petitioner, Baleshwar Prasad, had gifted a parcel of land to the Government of Bihar in 1981 on the condition that a middle school be constructed on it within five years and the school taken over as a fully government institution. The government failed to fulfill this condition, prompting the petitioner to file a writ petition seeking a mandamus directing the respondents either to construct the school as stipulated or to return the land. The petitioner later withdrew the petition. The court, noting the withdrawal, dismissed the petition as withdrawn without addressing the merits of the relief sought.
Issues considered
- What legal remedies are available to enforce the condition attached to a conditional gift deed involving public land?
- Can a writ of mandamus be issued to compel a government authority to construct a school or return gifted land?
Subjects
- gift deed
- conditional gift
- mandamus
- land return
- school construction
- public authority
- writ petition
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19722 of 2014
======================================================
Baleshwar Prasad son of Late Gendhari Mahto resident of village - Makuna,
Police Station - Lakhisarai, District - Lakhisarai
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Education Department, Government of Bihar, Patna
3. The Director, Primary Education, Gover of Bihar, Patna
4. The District Magistrate, Lakhisarai
5. The District Education officer, Lakhisarai
6. The District Programme officer, Lakhisarai
7. The Block Education Extension Officer, Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Adv.
For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-02-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of a writ of
mandamus for direction to the respondents to
return the ownership of the land pertaining to
khata no. 31 plot no. 75 area 16 dismal
situated at Mauza-Makuna P.S. & District-
Lakhisarai to the petitioner which was gifted
by the petitioner to the Govt. of Bihar through
a registered gift deed dt. 21.02.1981 with
condition that the Govt. of Bihar will construct
the building of Middle School, Makuna and
will take over the school as a fully Govt.
school within a period of five years and if the
Patna High Court CWJC No.19722 of 2014(3) dt.10-02-2026
2/2
Govt. of Bihar will fail to do so it will be
assumed that the land in question has not been
gifted to the Govt. of Bihar and the same will
be returned to the petitioner as the Govt. of
Bihar has failed to comply the condition of the
Gift deed.
(ii) For issuance of a writ of
mandamus for direction to the respondents to
comply the condition of the Gift Deed dt.
21.02.1981 either by constructing the building
of Middle School, Makuna on the gifted land
of the petitioner and take over the school as a
fully Govt. school alongwith the employees of
the school or return the same land to the
petitioner as the Govt. of Bihar has failed to
do so i.e. utter violation of the condition of the
Gift Deed.
(iii) For issuance of any other
relief / reliefs which may deem fit and proper
of the facts and circumstances of the case and
for which the petitioner may entitle.
3. Learned counsel for the petitioner prays for
withdrawal of the petition.
4. Accordingly, the same is dismissed as withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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